When you’re involved in a car accident, the immediate concerns often revolve around medical bills and vehicle repairs. However, the emotional and physical toll can be just as significant, if not more so. Understanding who pays for pain and suffering in a car accident is crucial for ensuring you receive full compensation.
If the at-fault driver has insurance, you can seek pain and suffering as part of a car accident settlement. This blog post delves into what pain and suffering damages cover, how they are calculated, and how a Columbus car accident lawyer can assist you in securing the financial compensation you deserve.
At Joe Durham Jr., P.C., in Columbus, Georgia, we specialize in helping car accident victims get the maximum payout. Contact us today for a free consultation!
What Are Pain and Suffering in a Car Accident Case?
Pain and suffering compensation is a critical component of a car accident claim, addressing the non-economic damages that victims endure. Unlike economic damages, which cover quantifiable losses like medical bills and lost wages, pain and suffering addresses the less tangible but equally impactful consequences of a car crash. This includes physical pain from injuries, emotional suffering, and the overall mental anguish that can significantly disrupt a victim’s life.
Pain and suffering encompass various forms of emotional distress and physical discomfort that a victim experiences following a car accident. Physical pain can range from chronic discomfort to severe injuries that affect daily activities and quality of life. Emotional suffering includes the psychological impact, such as anxiety, depression, and post-traumatic stress disorder (PTSD), that can result from the trauma of the accident.
How Do You Prove Pain and Suffering?
Economic damages like medical expenses and lost wages can be documented with medical bills, income records, and other records. Demonstrating to an insurance company that you deserve pain and suffering compensation is more complicated.
Securing fair compensation for pain and suffering requires the expertise of a skilled accident attorney. A car accident attorney can document and present evidence of your emotional distress and physical pain for an insurance claim and a court case.
Your medical records play a key role in proving pain and suffering. Oral or written testimony can also support your case. Your personal injury lawyer may ask you to describe how your physical injuries have impacted your life to support your claim. They may also ask your friends and family to testify about your pain and suffering.
They will work to negotiate a fair settlement that takes into account all aspects of your suffering, advocating on your behalf to ensure you receive the compensation you deserve.
With the right legal support, you can navigate the complexities of a car accident claim and achieve a resolution that acknowledges and addresses the full extent of your pain and suffering.
How Are Pain and Suffering Damages Calculated?
Most car accident cases are resolved with an out-of-court settlement. Insurance companies commonly use the Multiplier Method or Per Diem Method to calculate pain and suffering damages.
The Multiplier Method involves taking the total amount of economic damages—such as medical bills, lost wages, and other out-of-pocket expenses—and multiplying it by a number typically between 1.5 and 5. The multiplier chosen depends on the severity and permanence of the injuries.
For example, if your medical bills amount to $10,000 and the insurance company assigns a multiplier of 3, your pain and suffering compensation would be $30,000. Factors influencing the multiplier include the extent of physical pain, the impact on your daily life, and the degree of emotional distress experienced.
The per diem method assigns a specific dollar amount to each day from the date of the accident until the victim reaches maximum recovery. The daily rate is typically based on the victim’s daily earnings or a reasonable amount reflective of their pain and suffering. For instance, if the daily rate is set at $200 and the recovery period is estimated to be 180 days, the total would amount to $36,000.
Your personal injury attorney will negotiate for a fair car accident settlement on your behalf. If settlement negotiations are unsuccessful and your car accident case goes to court, the jury will decide how much pain and suffering damages to award.
How Can a Columbus Car Accident Lawyer Help You?
Our personal injury attorneys are dedicated to helping Georgia car accident victims get justice.
Build a Strong Case
One of the primary ways a car accident lawyer can assist you is by collecting crucial evidence to support your case. This includes the police report, medical records, and evidence from the accident scene. By meticulously collecting and organizing this evidence, your lawyer can build a strong case to prove negligence on the part of the other driver.
Calculating Damages
An experienced personal injury attorney can accurately assess all your damages, including medical expenses, future lost income if you have a permanent disability, and pain and suffering. They will review your medical records to understand the long-term implications of your injuries and consult with medical professionals to estimate future medical costs.
Moreover, an experienced car accident lawyer understands the nuances of calculating pain and suffering and will fight for the full compensation you deserve.
Negotiate with the Insurance Company
Insurance companies aim to minimize car accident settlements, and without proper representation, you might end up with less than you deserve for your medical expenses, lost wages, and pain and suffering. A skilled personal injury attorney will negotiate with the other driver’s insurance company and demand a fair settlement offer.
Represent You in a Lawsuit
While most Georgia car accident cases are settled outside of court, your lawyer will be prepared to represent you in a personal injury lawsuit if settlement negotiations fail. In court, a car accident attorney will handle all legal procedures, from filing motions to questioning witnesses. Their expertise ensures that your case is presented professionally and persuasively.
Call Our Car Attorneys in Columbus, GA for a Free Consultation!
At Joe Durham Jr. P.C., we have a lot of experience dealing with car accident claims and helping the victims get the compensation they deserve. If you have been hurt in a car wreck, contact our Georgia car accident law firm at 229-210-6226 for a free consultation today. You pay no legal fees unless we secure compensation for you!
